A presumed father may sign a denial of his paternity. The denial is valid only if: A. an acknowledgment of paternity signed or otherwise authenticated by another man is filed pursuant to Section 3-305 of the New Mexico Uniform Parentage Act; B. the denial is on a form provided by the bureau and is signed or otherwise authenticated under penalty of perjury; and C. the presumed father has not previously: (1) acknowledged his paternity, unless the previous acknowledgment has been rescinded pursuant to Section 3-307 of the New Mexico Uniform Parentage Act or successfully challenged pursuant to Section 3-308 of the New Mexico Uniform Parentage Act; or (2) been adjudicated to be the father of the child. History: Laws 2009, ch. 215, § 3-303. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010. Collateral estoppel in contesting paternity. — Where paternity has been established in a divorce proceeding, an alleged father is barred under the doctrine of collateral estoppel from later questioning paternity in a proceeding under the Uniform Parentage Act. Callison v. Naylor, 1989-NMCA-055, 108 N.M. 674, 777 P.2d 913.
New Mexico Legal Code